federal Case Commentaries

Rooker-Feldman Does Not Bar Defamation Suits Targeting Opposing Counsel’s Litigation Statements: The Fifth Circuit’s Clarification in English v. Crochet

Date: Oct 10, 2025

Rooker-Feldman Does Not Bar Defamation Suits Targeting Opposing Counsel’s Litigation Statements: The Fifth Circuit’s Clarification in English v. Crochet Introduction In English v. Crochet, the U.S....

No Safe Harbor in “Ordinary Business” Spending: Fifth Circuit Remands § 523(a)(6) Collateral-Conversion Claim and Reaffirms Strict Debtor-Favorable Standards Under §§ 727(a)(2)(A), (a)(3), and 523(a)(2)(A)

Date: Oct 10, 2025

No Safe Harbor in “Ordinary Business” Spending: Fifth Circuit Remands § 523(a)(6) Collateral-Conversion Claim and Reaffirms Strict Debtor-Favorable Standards Under §§ 727(a)(2)(A), (a)(3), and...

No Reasonable Expectation of Privacy for Trespassers in Tents on Posted Public Land: United States v. Parkerson (5th Cir. 2025)

Date: Oct 10, 2025

No Reasonable Expectation of Privacy for Trespassers in Tents on Posted Public Land: United States v. Parkerson (5th Cir. 2025) Introduction In United States v. Parkerson, the U.S. Court of Appeals...

No Prior Warning Required: Fourth Circuit Affirms Default-for-Discovery Abuse, Post-Default Evidentiary Exclusions, and Net‑Revenue Restitution with “Fencing‑In” Injunction Under the CFPA

Date: Oct 10, 2025

No Prior Warning Required: Fourth Circuit Affirms Default-for-Discovery Abuse, Post-Default Evidentiary Exclusions, and Net‑Revenue Restitution with “Fencing‑In” Injunction Under the CFPA...

Harmless Beyond a Reasonable Doubt: Eleventh Circuit Permits Sua Sponte Harmless-Error Review of Erlinger “Different Occasions” Violations

Date: Oct 10, 2025

Harmless Beyond a Reasonable Doubt: Eleventh Circuit Permits Sua Sponte Harmless-Error Review of Erlinger “Different Occasions” Violations Introduction In United States v. Samuel Storey (11th Cir....

Reaffirming the SSI Application Prerequisite and SSR 18‑01p’s Threshold: Anthony v. Saul (2d Cir. 2025)

Date: Oct 10, 2025

Reaffirming the SSI Application Prerequisite and SSR 18‑01p’s Threshold: Anthony v. Saul (2d Cir. 2025) Note on precedential status: This is a Second Circuit Summary Order, which does not have...

Chapter 7 Trustee Not Bound by Debtor‑Only Adversary Judgments; Rule 3007 Objections Are Timely Absent Court Deadlines; Fraud-Based Veil Piercing Requires Intent at Contract Formation

Date: Oct 10, 2025

Chapter 7 Trustee Not Bound by Debtor‑Only Adversary Judgments; Rule 3007 Objections Are Timely Absent Court Deadlines; Fraud-Based Veil Piercing Requires Intent at Contract Formation Commentary on...

Enforcing Appeal Waivers Absent Government Breach: Government May Characterize Offense Conduct and Argue § 3553(a) Factors Within a Stipulated Guidelines Range

Date: Oct 10, 2025

Enforcing Appeal Waivers Absent Government Breach: Government May Characterize Offense Conduct and Argue § 3553(a) Factors Within a Stipulated Guidelines Range Case: United States v. Handler (2d...

Second Circuit Extends Honeycutt to § 981(a)(1)(C): Criminal Forfeiture Requires Personal Acquisition of Proceeds

Date: Oct 10, 2025

Second Circuit Extends Honeycutt to § 981(a)(1)(C): Criminal Forfeiture Requires Personal Acquisition of Proceeds Introduction In United States v. Elias, the U.S. Court of Appeals for the Second...

Demanding Cogent Reasons for BIA Clear-Error Reversals of CAT Grants: Villalta Martinez v. Bondi (2d Cir. 2025)

Date: Oct 10, 2025

Demanding Cogent Reasons for BIA Clear-Error Reversals of CAT Grants: Villalta Martinez v. Bondi (2d Cir. 2025) Introduction In Villalta Martinez v. Bondi, the United States Court of Appeals for the...

No Posthumous Payments Under IRA § 22007(e): Sixth Circuit Holds “Financial Assistance” Is Forward‑Looking and Limited to Living Farmers

Date: Oct 10, 2025

No Posthumous Payments Under IRA § 22007(e): Sixth Circuit Holds “Financial Assistance” Is Forward‑Looking and Limited to Living Farmers Introduction In Black Farmers & Agriculturalists Association...

Political Facebook Posts Framed as Opinions with Disclosed Basis Are Not Actionable as Defamation under Michigan Law: Lento Law Group, P.C. v. Lewis (6th Cir. 2025)

Date: Oct 10, 2025

Political Facebook Posts Framed as Opinions with Disclosed Basis Are Not Actionable as Defamation under Michigan Law: Lento Law Group, P.C. v. Lewis (6th Cir. 2025) Note: The opinion is “Not...

Issue Preclusion, Not Claim Preclusion, Controls Prior Standing Dismissals; New Self‑Censorship Facts Confer Standing to Challenge Discretionary Billboard Variances

Date: Oct 10, 2025

Issue Preclusion, Not Claim Preclusion, Controls Prior Standing Dismissals; New Self‑Censorship Facts Confer Standing to Challenge Discretionary Billboard Variances Introduction This Sixth Circuit...

DFR Claims Are Ripe After Termination—and Union Strategy Is Shielded by the RLA’s Major/Minor Framework

Date: Oct 10, 2025

DFR Claims Are Ripe After Termination—and Union Strategy Is Shielded by the RLA’s Major/Minor Framework Commentary on Kevin D. Wickstrom v. Air Line Pilots Association, International, No. 25-1036...

Title IX-Style Investigations Are Not Adverse Employment Actions Absent Material Change; “Honest Belief” and Comparator Rigor Defeat § 1981 Pretext Claims — Saud v. DePaul University (7th Cir. 2025)

Date: Oct 10, 2025

Title IX-Style Investigations Are Not Adverse Employment Actions Absent Material Change; “Honest Belief” and Comparator Rigor Defeat § 1981 Pretext Claims — Saud v. DePaul University (7th Cir. 2025)...

No Constitutional Right to External Agency Investigations: Fifth Circuit Upholds TCCO-Centered Grievance Channel for Civilly Committed SVPs

Date: Oct 10, 2025

No Constitutional Right to External Agency Investigations: Fifth Circuit Upholds TCCO-Centered Grievance Channel for Civilly Committed SVPs Introduction In Dunsmore v. Muth, No. 25-50047 (5th Cir....

No-Training-Whatsoever Pleading Suffices for Monell Liability in First Amendment Leafletting Cases at City-Owned Venues; Individual Officers and Private Guards Retain Qualified Immunity — Hershey v. City of Bossier City (5th Cir. 2025)

Date: Oct 10, 2025

No-Training-Whatsoever Pleading Suffices for Monell Liability in First Amendment Leafletting Cases at City-Owned Venues; Individual Officers and Private Guards Retain Qualified Immunity — Hershey v....

No Rational Basis to Exclude Business Entities From STR Permits: Fifth Circuit Partly Invalidates New Orleans’s Short‑Term Rental Regime and Narrows “Operator Residency” to Presence Only

Date: Oct 10, 2025

No Rational Basis to Exclude Business Entities From STR Permits: Fifth Circuit Partly Invalidates New Orleans’s Short‑Term Rental Regime and Narrows “Operator Residency” to Presence Only Case:...

Fifth Circuit Rejects Cat’s Paw Liability for Municipalities Under Monell: Headcount Rule Governs §1981/§1983 Claims Against Multi‑Member Bodies

Date: Oct 10, 2025

Fifth Circuit Rejects Cat’s Paw Liability for Municipalities Under Monell: Headcount Rule Governs §1981/§1983 Claims Against Multi‑Member Bodies Introduction In Jones v. City of Hutto, the United...

"Answer Only What Confuses the Jury": Fourth Circuit Upholds Concise, Accurate Judicial Responses to Deliberation Questions in United States v. Brito (Unpublished)

Date: Oct 10, 2025

"Answer Only What Confuses the Jury": Fourth Circuit Upholds Concise, Accurate Judicial Responses to Deliberation Questions in United States v. Brito (Unpublished) Court: U.S. Court of Appeals for...

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